Harman defends document decision

Harman passed the papers to Children's Minister Margaret Hodge

Solicitor General Harriet Harman has defended her decision to pass on papers from a Family Court case that were handed to her by her solicitor sister.

Sarah Harman apologised after a judge said she was in contempt of court for disclosing the sensitive documents.

The papers, giving details of her client, reportedly a mother challenging a finding she harmed her child, were then passed to the children's minister.

Harriet Harman told MPs she had acted on legal advice that was later changed.

'No prohibition'

The solicitor general was prompted to make a House of Commons statement on the case following an urgent question by her Tory shadow, Dominic Grieve.

She said she had sent the court papers to Minister for Children Margaret Hodge after taking advice from her officials.

The lawyer in my office ...decided that he probably was wrong and that I should not have sent the judgement to the minister for children without a court order Harriet Harman

"Before I sent the judgement, without the names, to the minister for children, I sought legal advice from my office and was advised that there was no prohibition on my doing so because the names had all been blanked out," said Ms Harman.

This advice was "subject to me checking with the solicitor that there was no specific ruling in this case prohibiting the disclosure", she added.

"Having checked with the solicitor, I then sent the judgement to the minister for children."

'Identity unknown'

Ms Harman said she was back in touch with her legal advisor when the local authority responsible for the care proceedings challenged her sending the judgement to Mrs Hodge.

"The lawyer in my office who advised me reconsidered the question and decided that he probably was wrong and that I should not have sent the judgement to the minister for children without a court order," she said.

It is an extremely unfortunate state of affairs where the law officers' department ... is unable to know the rules Dominic Grieve

"I can reassure the House I acted on legal advice. I did not identify the child - I could not in any event because I did not know the child's identity."

Ms Harman told MPs that the Court of Appeal later asked Mrs Hodge to consider whether she wanted to intervene in the case.

It then gave leave for all the papers in the case to be disclosed to her on 23 February, she said.

Responsibility

Mr Grieve said it was "an extremely unfortunate state of affairs where the law officers' department ... is unable to know the rules".

He said it was the role and function of the solicitor general "to take responsibility for their own actions in relation to documents that come into their possession".

Ms Harman replied that it was not a question of her not knowing the rules.

"I'm very clear that I took responsibility for my actions in this case," she said.

Ms Harman added that by not identifying the child involved she had not breached the rules of the Children's Act.